"Already appalling collisions have happened between the white and aboriginal inhabitants, and, although instances, it is possible, have transpired when natives have been the aggressors, yet it will be found that the largest majority originated with the Europeans. The lives of aboriginal natives known to have been destroyed are many, and if the testimony of natives be admissible, the amount would be great indeed; but even in cases where the Aborigines are said to be the aggressors, who can tell what latent provocation existed for perpetrating it? Of the numerous cases that could be cited, the following from a recent journal of an assistant protector, Mr. Parker, of the Lodden, will suffice to shew the insurmountable difficulty, I may add the impossibility, of bringing the guilty parties to justice, for in nine cases, I may say, out of ten, where natives are concerned, the only evidence that can be adduced is that of the Aborigines.
"This evidence is not admissible. Indeed the want of a code, suited to the Aborigines, is now so strongly felt, and of such vital importance to the welfare and existence of the natives, that I earnestly trust that this important subject may be brought under the early consideration and notice of Her Majesty's Government.
"The following is the extract from Mr. Parker's journal referred to: 'On the 8th of March 1841, I proceeded to the Pyrenees to investigate the circumstances connected with the slaughter of several Aborigines, by a Mr. Frances. On the 9th and 10th I fell in with different parties of natives. From the last of these I obtained some distressing statements, as to the slaughter of the blacks; they gave me the names of seven individuals shot by Mr. Frances within the last six months. I found, however, no legal evidence attainable. The only persons present in the last and most serious affair with the Aborigines, which took place in December of last year, were Frances, a person named Downes, and a stock-keeper in Melbourne. No other admissible evidence of the death of these poor people can be obtained than what Frances's written statement conveys. In that he reports that he and the person before named WENT OUT IN CONSEQUENCE OF SEEING THE BUSH ON FIRE, AND FELL IN SUDDENLY WITH SOME NATIVES, ON WHOM THEY FIRED AND KILLED FOUR. The natives say six were slain, and their information on that point is more to be depended on. Owing to the legal disabilities of the Aborigines, this case must be added with many others which have passed without judicial notice. I cannot, however, but wish that squatting licenses were withheld from persons who manifest such an utter disregard of human life as Mr. Frances, even on his own shewing, has done.'
"And in this latter sentiment, under existing circumstances, I most cordially agree. In Frances' case, the PERPETRATOR ADMITS his having SHOT FOUR ABORIGINES, and for aught that is shewn to the contrary, it was AN UNPROVOKED AGGRESSION. The natives, whose testimony Mr. Parker states, can be relied upon, affirm that six were slain, and these within the brief period of six months.
"In my last expedition I visited the country of the 'Barconedeets,' the tribe attacked by Frances; of these I found a few sojourning with the "Portbullucs,' a people inhabiting the country near Mount Zero, the northernmost point of the Grampians. These persons complained greatly of the treatment they had received, and confirmed the statement made to the sub-protector by the other natives. The following are a few of the collisions, from authentic documents brought under the notice of this department, that have happened between settlers and Aborigines, and are respectfully submitted for the information of the Government.
"CASES.—CHARLES WEDGE AND OTHERS.—Five natives killed and others wounded at the Grampians.
"AYLWARD AND OTHERS.—Several natives killed and others wounded at the Grampians. In this case Aylward deposed, 'that there must have been a great many wounded and several killed, as he saw blood upon the grass, and in the tea-tree two or three dead bodies.'
"MESSRS. WHYTE'S FIRST COLLISION.—William Whyte deposed that 30 natives were present, and they were all killed but two, and one of these it is reported died an hour after of his wounds.
"DARLOT.—One native shot. Two natives shot near Portland Bay by the servants of the Messrs. Henty.
"HUTTON AND MOUNTED POLICE.—The written report of this case states, 'that the party overtook the aborigines at the junction of the 'Campaspee;' they fired, and it is stated, that to the best of the belief of the party, five or six were killed.' In the opinion of the sub-protector a greater number were slain.